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H.R. 1027 · House bill · 119th Congress
This bill establishes a disclosure requirement for robocalls that use artificial intelligence (AI) to emulate a human being and increases forfeiture and fine amounts for certain violations of the Telephone Consumer Protection Act (TCPA). (The TCPA prohibits certain telemarketing calls made without the recipient’s consent and using specified automated technologies.)
Specifically, any robocall that uses AI to emulate a human being must include a disclosure at the beginning of the message indicating that AI is being used. Under the bill, robocalls are defined as calls made or text messages sent (1) using automatic dialing technology, or (2) using an artificially generated message or an artificial or prerecorded voice. Calls or texts that are made or sent using equipment that requires substantial human intervention are excluded.
Further, the bill doubles the maximum forfeiture penalty and criminal fine that may be imposed for certain violations of the TCPA involving the use of AI to impersonate an individual or entity with the intent to defraud, cause harm, or wrongfully obtain anything of value. This provision applies to violations that occur after the bill’s enactment.
This Act may be cited as the “Quashing Unwanted and Interruptive Electronic Telecommunications Act” or the “QUIET Act”.
Section 227 of the Communications Act of 1934 (47 U.S.C. 227) is amended by adding at the end the following:
“(k) Disclosure required for robocalls using AI.—
(1) In general.— If a person making a robocall uses artificial intelligence to emulate a human being, such person shall disclose at the beginning of the call or text message the fact that artificial intelligence is being used.
(2) Definitions.— In this subsection:
(A) Robocall.—
(i) In general.— The term “robocall” means a call made or text message sent—
(I) using equipment, whether hardware, software, or a combination thereof and including an automatic telephone dialing system, that makes a call or sends a text message to—
(aa) stored telephone numbers; or
(bb) telephone numbers produced using a random or sequential number generator; or
(II) using an artificial or prerecorded voice or an artificially generated message.
(ii) Limitation.— For purposes of clause (i)(I), the term “robocall” does not include a call made or text message sent using equipment that requires substantial human intervention to make or send the call or text message.
(B) Text message.—
(i) In general.— The term “text message” means a message consisting of text, images, sounds, or other information that is transmitted to or from a device that is identified as the receiving or transmitting device by means of a 10-digit telephone number, N11 service code, short code telephone number, or email address, or that is transmitted through application-to-person messaging, and includes—
(I) a short message service (commonly referred to as “SMS”) message;
(II) a multimedia message service (commonly referred to as “MMS”) message; and
(III) a rich communication service (commonly referred to as “RCS”) message.
(ii) Limitation.— The term “text message” does not include a real-time, two-way voice or video communication.”.
(a) In general.— Section 227 of the Communications Act of 1934 (47 U.S.C. 227), as amended by the preceding provisions of this Act, is further amended by adding at the end the following:
“(l) Enhanced penalties for violations involving AI voice or text message impersonation.— In the case of a violation of this section with respect to which the party making the call or sending the text message uses artificial intelligence to impersonate an individual or entity with the intent to defraud, cause harm, or wrongfully obtain anything of value—
(1) the maximum amount of the forfeiture penalty that may be imposed under subsection (b)(4) or (e)(5)(A) of this section or subsection (b) of section 503 (as the case may be) shall be twice the maximum amount that may be imposed for such violation under such subsection without regard to this subsection; and
(2) the maximum amount of the criminal fine that may be imposed under subsection (e)(5)(B) of this section or section 501 (as the case may be) shall be twice the maximum amount that may be imposed for such violation under such subsection or section without regard to this subsection.”.
(b) Applicability.— The amendment made by subsection (a) shall apply with respect to violations occurring after the date of the enactment of this Act.